[Amended 8-16-2022 by Ord. No. 399; 10-18-2022 by Ord. No. 404]
A. General regulation. It shall constitute a public nuisance for any person, firm or corporation, being the owner or occupant of premises situate in Whitpain Township, to permit the growth or accumulation of Canada thistle, chicory, succory, blue daisies, weeds, grasses or other noxious or objectionable vegetation on said premises in excess of 12 inches in height. Notwithstanding the foregoing prohibition, the following areas shall be exempt from such cutting or trimming requirements, except that Canada thistle, chicory, succory, blue daisies, weeds or other noxious or objectionable vegetation shall be so controlled in such areas: land actively cultivated for crop production, land actively utilized as pasture or meadows, natural landscape (as defined by §
155-6 of this chapter), and non-noxious grasses planted for some useful or ornamental purpose.
(1) Definitions. As used in this section, the following terms shall have
the meanings indicated:
BAMBOO
Any monopodial (running) bamboo of the tribe "bambuseae,"
including, but not limited to, the genus Phyllostachys, and Pseudosasa
as well as the common bamboo, golden bamboo, and arrow bamboo. Bamboo
shall also be considered to include native bamboo (arundinaria gigantea).
BAMBOO OWNER
Any property owner or resident who has planted and/or grows
bamboo, or maintains bamboo on their property, or permits bamboo to
grow or remain on the property even if the bamboo has spread from
an adjoining property. Any owner of or resident at property on which
bamboo is found will be considered a bamboo owner, except any property
owner or resident who:
(a)
Did not plant or grow or cause bamboo to be planted or grown
on their property; and
(b)
Has provided satisfactory proof to the Township that, within
a reasonable amount of time after discovering the encroachment of
bamboo onto the property from an adjoining neighbor, they advised
the owner of such property of their objection to the encroachment
of bamboo; and
(c)
Has initiated steps for the removal of the bamboo from their
property.
(2) Prohibited acts. It is hereby unlawful for any person, firm or corporation,
being an owner of any improved or unimproved lot, to permit bamboo
to be planted or grown on the lot, or to spread to an adjoining lot,
it being the intent to prohibit bamboo within the Township, except
as provided herein. Bamboo found growing on a property shall constitute
presumptive evidence that bamboo was planted and/or grown by and/or
with the consent of the bamboo owner. Bamboo is hereby considered
a noxious or objectionable vegetation unless grown under the conditions
of this Subsection B.
(3) Regulation of bamboo. The following special regulations pertain to
the planting and maintenance of bamboo.
(a)
Any bamboo that has been planted or otherwise permitted to grow
on a lot within the Township prior to the effective date of this section
may remain on such property subject to compliance with this section.
[1]
Bamboo shall not be planted, maintained, or otherwise permitted
to exist within 40 feet of the edge of the pavement or traveled portion
of a public road in the Township, within 40 feet of the property line
of any Township/public property, within 40 feet of any roadway, cartway,
street, storm sewer, sanitary sewer and/or public water facilities
within the Township, or within 25 feet of the property line of an
adjoining or neighboring property; and
[2]
The root system of such bamboo plants is entirely contained
within an above-ground-level planter, barrel or other vessel of such
design, material, and location as to entirely prevent the spread of
growth of the bamboo plants' root system beyond the container
in which it is planted. When growing in a container, as described
herein, all bamboo plants shall be located, trimmed and maintained
so that no part of the plant shall be closer than 40 feet of the edge
of the pavement or traveled portion of a public road in the Township,
40 feet of the property line of any Township/public property, 40 feet
of any roadway, cartway, street, storm sewer, sanitary sewer and/or
public water facilities within the Township, or 25 feet of the property
line of an adjoining or neighboring property.
[3]
All other bamboo not in compliance with Subsection B(3)(a)[1]
and [2] must be removed in accordance with the provisions of this
chapter. Each bamboo owner shall be required to take such measures
as are reasonably expected to prevent such bamboo from invading the
setbacks set forth above. Such measures shall include but are not
limited to, installation of sheathing comprised of metal or other
material impenetrable by bamboo at a sufficient depth within the property
line or lines where the running bamboo is planted or is growing to
prevent such growth or encroachment prohibited herein. A bamboo owner
shall further be responsible to ensure that any bamboo planted and/or
growing on the property of the bamboo owner prior to the effective
date of this chapter is maintained such that it does not encroach
or grow upon any adjoining or neighboring property or properties,
including all public property and public rights-of-way. If the Township
determines that any such bamboo, or part thereof, has been allowed
to encroach, grow upon, extend roots across, and/or extend branches,
stalks and/or leaves over any public right-of-way and/or any private
property not owned by and/or in the possession of the bamboo owner,
the bamboo owner shall be required to comply with the provisions of
Subsection B(3)(a)[1] and [2] above.
(b)
Removal.
[1]
In the event that bamboo growing on a bamboo owner's property
invades or grows on adjoining or neighboring property that is owned
or held on behalf of the Township, the Township will notify the bamboo
owner in writing that the bamboo has invaded the Township property
and that the bamboo owner is responsible for the removal of such running
bamboo from the Township property. This notice shall be sent via certified
mail, return receipt requested and by regular mail to the latest address
of the bamboo owner on file with the Township and a copy of the notice
shall also be posted at the bamboo owner's property.
[2]
In the event that the bamboo owner does not remove or contract
for the removal of the bamboo from the Township property, or does
not make an arrangement agreeable to the Township for removal of such
bamboo within 60 days from the date the Township first provided notice
pursuant to the above, the Township, at its discretion, may remove
or arrange for the removal of such bamboo from the Township property.
The bamboo owner shall be liable and responsible to the Township for
the cost incurred for removal of the bamboo from the Township property.
Such costs may be assessed against the property of the bamboo owner.
[3]
The Board of Supervisors may also pursue the remedies provided by §§
155-4 and
155-5 of this chapter.
[4]
This subsection shall not be deemed to alter or abrogate any
rights at common law, or otherwise, that any persons, property owners,
tenants, and/or other individuals, entities, and/or corporations may
have to recover the cost of removal of any bamboo found on their own
property that has encroached from a neighboring property.
(c)
Replanting prohibited. Any bamboo either planted or caused to
be planted or existing on a property prior to the effective date of
this section may not be replanted or replaced once such running bamboo
is or has become, for any reason, dead, destroyed, uprooted, or otherwise
removed.
Whenever the Supervisors of Whitpain Township
shall, in their discretion, consider the uncontrolled growth or accumulation
of weeds, tall grasses or other obnoxious or objectionable vegetation
on any premises as aforesaid to be prejudicial to the public health
or to create a fire hazard, they may declare the same to be a public
nuisance.
Whenever the Supervisors of Whitpain Township
have declared the growth or accumulation of weeds, tall grasses, obnoxious
or objectionable vegetation to constitute a public nuisance, they
shall notify the owner or occupant of said premises to abate said
nuisance within 10 days from the service of said notice. The service
of such notice shall be made upon the owner or occupant of said premises
either by certified mail or by delivering the same to such owner or
occupant personally or by delivering such notice to and leaving it
with any adult person in charge of said premises, or in case no such
person is found upon said premises, by posting such notice upon said
premises.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184; 8-16-2022 by Ord. No. 399]
Any person, firm or corporation failing to abate
such nuisance in accordance with the requirements of any notice which
may hereafter be given under the provisions of this article shall,
in addition to being liable for the costs of removal and abatement,
forfeit and pay a fine in the amount of not more than $600, together
with costs for each such offense, to Whitpain Township, the same to
be collected by summary proceedings before a District Justice or recovered
the same as debts of like amount are now by law recoverable, and in
default of the payment of such fine and costs, shall undergo an imprisonment
of not more than 30 days in the Montgomery County Prison.
[Added 8-16-2022 by Ord. No. 399]
As used in this article, the following terms shall have the
meanings indicated:
NATURAL LANDSCAPE
A meadow or other landscaping that includes herbaceous material as follows: a mixture of native grasses, native plants, and wildflowers that maintains a general overall height ranging from three to 12 inches and provides food, water, and cover for wildlife species, especially birds. Only native species, as listed in Appendix A of Chapter
53 of this Code, shall be used in natural landscapes.
The following information shall be provided with an application
for a natural landscape permit:
A. The name and address of the applicant;
B. Proof of approval from a homeowners' association, if applicable;
C. A plan showing lot lines, public rights-of-way, buildings, and the
location of the proposed natural landscape;
D. A general description of the vegetation and plant types to be used
in the proposed natural landscape, including the Latin and common
names of all species; and
E. A specific management and maintenance plan for the natural landscape
that includes the following information:
(1) A planting diagram showing the location and mature height of all
species of vegetation, arranged so as not to block the clear sight
triangle or movement of the travelling public on any right-of-way;
(2) Detailed information on the upkeep of each species;
(3) Detailed information on mowing and edging of the area;
(4) Detailed information regarding bird feeders, if applicable;
(5) The estimated transitional period, if applicable; and
(6) The plan for elimination of any nonnative vegetation.